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NY R01309




February 9, 2005

CLA-2-33:RR:NC:2:240 R01309

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.21.0000

Ms. Lisa Whelan
UK Goodies
98 Hillcrest Drive
Orinda, Ca 94563

RE: The tariff classification of “Weekend Washbags” from the United Kingdom, France and China

Dear Ms. Whelan:

In your letter dated January 18, 2005 you requested a tariff classification ruling on two styles of “Weekend Washbags”. Literature and pictures of the “Weekend Washbags” were submitted with your inquiry.

The “Urban Plus Weekend Washbag For Him” consists of a clear blue, plastic container measuring 3.75 inches by 5.25 inches containing a disposable safety razor, a travel toothbrush, and foil packets of shaving cream, after shave, toothpaste, hair gel, shower gel, shampoo, and a deodorant wipe. All items are manufactured in the United Kingdom except for the toothbrush, which is a product of China.

The “Urban Plus Weekend Washbag For Her” consists of a clear purple plastic container measuring 3.75 inches by 5.25 inches filled with foil packets of ‘get fresh’ Body Wash, conditioning hair wash (shampoo), body lotion, makeup remover, toothpaste, a deodorant wipe/refreshing towelette, travel toothbrush, and a vanity kit sealed in clear plastic packet containing a 3 inch cardboard emery board, 3 cotton and plastic swabs, and a cotton makeup removal pad (not saturated). The body wash, hair wash (shampoo), body lotion, deodorant wipe/refreshing towelette and make up remover are manufactured in France. The toothpaste is a product of the United Kingdom. The toothbrush is manufactured in China.

The items in both sets are packaged and put up for retail sale in the United Kingdom. Although the articles are marketed as travel sets, they do not qualify for classification in 9605.00.0000, HTS, which provides for “Travel sets for personal toilet, sewing, shoe or clothes cleaning (other than manicure and pedicure sets of 8214)”. The Explanatory Notes to heading 9605 specifically states that the heading includes “[t]oilet sets, presented in a case of leather, fabric or plastics, containing, e.g., molded plastic boxes, brushes, a comb, scissors, tweezers, a nail file, a mirror, a razor holder and manicure instruments”.

The instant sets contain one-time use packets of toiletries, manicure articles, disposable razor, and travel toothbrush. The “Weekend Bags” are goods put up in sets for retail sale, and will be used together for grooming. Explanatory Note X to GRI 3b provides for the purpose of this rule, the term "goods put up in sets for retail sale" shall be taken to mean goods which:

A. Consist of at least two articles which are, prima facie, classifiable in different headings.

B. Consist of products put up together to meet a particular need or carry out a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards)

All the aforementioned articles in the “Weekend Washbags” are prima facie classifiable in different headings. Together each enables the user to perform the function of grooming. Based upon the literature and pictures, it is evident to this office that the imported packaging will be sold to the ultimate purchaser. It is the opinion of this office that the items packaged together do represent a set in accordance with Explanatory Note X. In accordance, in part, with GRI 3b “ goods put up in sets for retail sale, which cannot be classified by reference to GRI 3a, shall be classified as if they consisted of the material or component which gives them their essential character”. Explanatory Note VIII to GRI 3b states that the factor, which determines essential character will vary as between different kinds of goods. It may for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the goods. Based upon the nature of the components and their use, it is the opinion of this office that no single item imparts the essential character. Each component is of equal importance in conducting the activity. Therefore classification will be in accordance with GRI 3c, Harmonized Tariff Schedule of the United States (HTS), which requires, in part, that the set be classified in the heading which occurs last in numerical order among those which merit equal consideration. The toothbrush is the last item listed in the tariff.

The applicable subheading for the “Urban Plus Weekend Washbag For Him” and “Urban Plus Weekend Washbag For Her” will be 9603.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, including dental-plate brushes. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone (202) 418 3412.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the subject product is the consumer who purchases the product at retail.

Individual articles are exempted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such articles will reasonably indicate the origin of the articles. Accordingly, if Customs is satisfied that the articles will remain in the container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the article by viewing the container in which it is packaged, the individual article would be excepted from marking under this provision. For your information, Part 134, Subpart E, of the Customs Regulations addresses the method and location of marking imported articles.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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